Canada Seeks Public Input On Federal Public Service AI Strategy Canada Seeks Public Input On Federal Public Service AI Strategy

Information Technology
– October 16, 2024October 16, 20242024-10-16
On September 16, 2024, the President of the Treasury Board of Canada launched public consultations on Canada’s first artificial intelligence (AI) strategy (AI Strategy) for the federal public service. The goal of this phase of the consultation process is to seek input from Canadians on the appropriate use of AI within the federal government.
Deeth Williams Wall https://www.dww.com/articles/canada-seeks-public-input-on-federal-public-service-ai-strategy

Federal Court Of Appeal Issues Decision In Diaper Pail Patent Saga Federal Court Of Appeal Issues Decision In Diaper Pail Patent Saga

Patent Litigation
– October 16, 2024October 16, 20242024-10-16
On September 27, 2024, the Federal Court of Appeal (the FCA) issued its decision in Munchkin, Inc. v Angelcare Canada Inc., 2024 FCA 156, addressing two appeals concerning the infringement of multiple patents relating to diaper pails and cassettes to be placed therein.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-issues-decision-diaper-pail-patent-saga

Ontario University Can Withhold Certain Research Records From Freedom Of Information Request Ontario University Can Withhold Certain Research Records From Freedom Of Information Request

Information Technology
– October 16, 2024October 16, 20242024-10-16
On September 26, 2024, the Information and Privacy Commissioner of Ontario (IPC) issued Order PO-4555, upholding Ontario Tech University’s (Ontario Tech’s) decision to deny a member of the media’s (the Appellant’s) access to records relating to two research grants.
Deeth Williams Wall https://www.dww.com/articles/ontario-university-can-withhold-certain-research-records-from-freedom-of-information

Annual Reports Issued On Canadian Access To Information And Privacy Laws Annual Reports Issued On Canadian Access To Information And Privacy Laws

Privacy
– October 16, 2024October 16, 20242024-10-16
On October 1, 2024, the Office of the Privacy Commissioner (OPC) tabled its annual reports on the Access to Information Act and Privacy Act (collectively, the Annual Reports). The Annual Reports summarize how the OPC fulfilled its responsibilities under the Acts in the 2023-2024 fiscal year.
Deeth Williams Wall https://www.dww.com/articles/annual-reports-issued-on-canadian-access-to-information-and-privacy-laws

How Old Are You Really? Canadian Privacy Commissioner Issues Statement On Common Approach To Age Assurance How Old Are You Really? Canadian Privacy Commissioner Issues Statement On Common Approach To Age Assuran...

Privacy
– October 2, 2024October 2, 20242024-10-02
On September 19, 2024, the Office of the Privacy Commissioner of Canada (OPC) issued a Joint Statement on a Common International Approach to Age Assurance (the Joint Statement), joining other global regulators in moving towards a more common international approach to the data protection and privacy implications of age assurance methods.
Deeth Williams Wall https://www.dww.com/articles/how-old-are-you-really-canadian-privacy-commissioner-issues-statement-on-common-approach

Federal Court Dismisses Application To Invalidate Geox’s AMPHIBIOX Trademark Federal Court Dismisses Application To Invalidate Geox’s AMPHIBIOX Trademark

Trademark and Copyright Litigation
– October 2, 2024October 2, 20242024-10-02
On September 13, 2024, the Federal Court of Canada (the Court) in Giuseppe De Luca v Geox S.P.A., 2024 FC 1441, dismissed Mr. De Luca’s (the Applicant) application to invalidate Geox S.P.A.’s (the Respondent) trademark AMPHIBIOX.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-application-to-invalidate-geox%E2%80%99s-amphibiox-trademark

Hopes For A First Ever Global Treaty For AI Hopes For A First Ever Global Treaty For AI

Information Technology
– October 2, 2024October 2, 20242024-10-02
On September 5, 2024, the Council of Europe (COE) opened for signature the first ever global treaty on artificial intelligence (AI), entitled Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (the Treaty).
Deeth Williams Wall https://www.dww.com/articles/hopes-for-a-first-ever-global-treaty-for-ai

Federal Court Sees Through Patent Infringement Action For Window Displays Federal Court Sees Through Patent Infringement Action For Window Displays

Patent Litigation
– October 2, 2024October 2, 20242024-10-02
On August 14, 2024, the Federal Court of Canada (the Court) released its decision in Molo Design, Ltd. v Chanel Canada ULC, 2024 FC 1260, dismissing Molo Design, Ltd.’s (the Plaintiff) patent infringement action against Chanel Canada ULC, Procédés Chénel SARL, and Chanel SAS (collectively, the Defendants), and granting the Defendants’ counterclaim for patent invalidity in part.
Deeth Williams Wall https://www.dww.com/articles/federal-court-sees-through-patent-infringement-action-for-window-displays

Facebook Breached Canada’s Privacy Laws Says Federal Court Of Appeal Facebook Breached Canada’s Privacy Laws Says Federal Court Of Appeal

Privacy
– September 18, 2024September 18, 20242024-09-18
On September 9, 2024, the Federal Court of Appeal of Canada (FCA) in Privacy Commissioner of Canada v. Facebook Inc., 2024 FCA 140, unanimously held that Facebook Inc. (Facebook) breached Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) between 2013 and 2015 by failing to obtain meaningful consent from its users and to appropriately safeguard users’ personal information.
Deeth Williams Wall https://www.dww.com/articles/facebook-breached-canada%E2%80%99s-privacy-laws-says-federal-court-of-appeal

Federal Court Of Appeal Upholds Lower Court Decision Finding No Patent Owner In Infringement Action Federal Court Of Appeal Upholds Lower Court Decision Finding No Patent Owner In Infringement Action

Patents
– September 18, 2024September 18, 20242024-09-18
On August 15, 2024, the Federal Court of Appeal (the FCA) released its decision in Mud Engineering Inc. v Secure Energy Services Inc., 2024 FCA 131, dismissing Mud Engineering Inc. and An-Ming (Victor) Wu’s (collectively, the Appellants’) appeal from a Federal Court of Canada’s decision denying their motion for a declaration of patent ownership along with their related patent infringement action.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-lower-court-decision-finding-no-patent-owner-infringement

No Reasonable Expectation Of Privacy In Vehicle Black Box Data In Ontario No Reasonable Expectation Of Privacy In Vehicle Black Box Data In Ontario

Information Technology
– September 18, 2024September 18, 20242024-09-18
On August 16, 2024, the Court of Appeal for Ontario (the Court) issued its decision in R. v Attard, 2024 ONCA 616, finding that there is no reasonable expectation of privacy in a vehicle’s Event Data Recorder (EDR) data.
Deeth Williams Wall https://www.dww.com/articles/no-reasonable-expectation-of-privacy-vehicle-black-box-data-ontario

Federal Court Says No To Converting Trademark Infringement Claim From Application To Action Federal Court Says No To Converting Trademark Infringement Claim From Application To Action

Trademark and Copyright Litigation
– September 18, 2024September 18, 20242024-09-18
On September 9, 2024, in iFit Inc v Safe Sweat Fitness Ltd., 2024 FC 1406, the Federal Court of Canada (the Court) dismissed a motion by iFit Inc. et al. (the Applicants) for an order converting their application into an action.
Deeth Williams Wall https://www.dww.com/articles/federal-court-says-no-to-converting-trademark-infringement-claim-from-application-to

Principles For Awarding Remedies For Patent Infringement Clarified By Federal Court Of Appeal Principles For Awarding Remedies For Patent Infringement Clarified By Federal Court Of Appeal

Patent Litigation
– September 4, 2024September 4, 20242024-09-04
On August 6, 2024, the Federal Court of Appeal of Canada (the Court) in Rovi Guides, Inc. v Videotron Ltd., 2024 FCA 125, upheld the lower court’s judgement finding that Rovi Guides Inc.’s (Rovi) patents relating to interactive television program guide (IPG) technology were invalid. The Court also reviewed the principles for awarding remedies for patent infringement and commented, in obiter, as to the remedies Rovi would have been entitled to if its patents were found valid and infringed.
Deeth Williams Wall https://www.dww.com/articles/principles-for-awarding-remedies-for-patent-infringement-clarified-by-federal-court-of

Weedkiller: Infringement Upheld For Sales Before Patent For Selective Herbicide Expires Weedkiller: Infringement Upheld For Sales Before Patent For Selective Herbicide Expires

Patent Litigation
– September 4, 2024September 4, 20242024-09-04
On August 19, 2024, the Federal Court of Appeal of Canada (the Court) released its decision in Agracity Crop v Upl Na Inc, 2024 FCA 133, dismissing Agracity Crop & Nutrition Ltd.’s (Agracity) appeal of the lower court’s decision finding that it had infringed Canadian Patent No. 2,346,021 (the 021 Patent).
Deeth Williams Wall https://www.dww.com/articles/weedkiller-infringement-upheld-for-sales-before-patent-for-selective-herbicide-expires

Hands Across The Information Border: OPC And FCC Sign Information-Sharing And Enforcement Cooperation Agreement Hands Across The Information Border: OPC And FCC Sign Information-Sharing And Enforcement Cooperation Agr...

Privacy
– September 4, 2024September 4, 20242024-09-04
On August 28, 2024, the Office of the Privacy Commissioner of Canada (OPC) announced the signing of a Memorandum of Understanding (MOU) with the U.S. Federal Communications Commission (FCC) to strengthen mutual assistance and the exchange of information for the purpose of enforcing compliance and sharing expertise with respect to applicable laws.
Deeth Williams Wall https://www.dww.com/articles/hands-across-information-border-opc-and-fcc-sign-informationsharing-and-enforcement

“SMOOTH” Move: Federal Court Saves Trademark Registrations From Summary Cancellation Based On New Evidence “SMOOTH” Move: Federal Court Saves Trademark Registrations From Summary Cancellation Based On New Evidenc...

Trademark and Copyright Litigation
– September 4, 2024September 4, 20242024-09-04
On August 15, 2024, the Federal Court of Canada (the Court) issued its decision in Smooth Payment Inc. v Klarna Bank Ab, 2024 FC 1274, allowing Smooth Payment Inc.’s (SPI) application in part in its appeal of four summary cancellation decisions made pursuant to section 45 of the Trademarks Act.
Deeth Williams Wall https://www.dww.com/articles/%E2%80%9Csmooth%E2%80%9D-move-federal-court-saves-trademark-registrations-from-summary-cancellation-based

JAMP Brings Landmark Abuse Of Dominance Application Against Janssen Under Amended Competition Act JAMP Brings Landmark Abuse Of Dominance Application Against Janssen Under Amended Competition Act

Litigation
– August 20, 2024August 20, 20242024-08-20
On July 26, 2024, JAMP Pharma Corporation (JAMP) filed an application to Canada’s Competition Tribunal (Tribunal) against Janssen Inc. (Janssen) relating to an abuse of dominance allegation with respect to Janssen’s biologic drug Stelara, an ustekinumab drug product for the treatment of certain autoimmune diseases.
Deeth Williams Wall https://www.dww.com/articles/jamp-brings-landmark-abuse-of-dominance-application-against-janssen-under-amended

YouTubers’ Class Action Doesn’t Hit the “Like” Button Against OpenAI YouTubers’ Class Action Doesn’t Hit the “Like” Button Against OpenAI

Information Technology
– August 20, 2024August 20, 20242024-08-20
On August 2, 2024, David Millette (the Plaintiff) filed, individually and on behalf of a proposed class of YouTube users and video creators, a class action complaint against OpenAI, Inc. and related entities (collectively, OpenAI) in Millette v OpenAI, Inc. et al, 3:24-cv-04710. The Plaintiff’s complaint pertains to the alleged non-consensual transcription of class members’ YouTube videos by OpenAI to train their artificial intelligence (AI) software products.
Deeth Williams Wall https://www.dww.com/articles/youtubers%E2%80%99-class-action-doesn%E2%80%99t-hit-%E2%80%9Clike%E2%80%9D-button-against-openai

Alberta Court Finds Doctrine Of Patent Exhaustion Applies To Real Estate Alberta Court Finds Doctrine Of Patent Exhaustion Applies To Real Estate

Patents
– August 20, 2024August 20, 20242024-08-20
On July 26, 2024, the Court of King’s Bench of Alberta (the Court) released its decision in Bank of Montreal v 2093924 Ontario Inc, 2024 ABKB 457, finding that the doctrine of patent exhaustion prevented 1643434 Alberta Ltd. (164) from blocking the sale of its former property (the Wash Factory) to a competitor, Klair Group Industries Ltd. (Klair).
Deeth Williams Wall https://www.dww.com/articles/alberta-court-finds-doctrine-of-patent-exhaustion-applies-to-real-estate

Raise A Snifter And Listen To The Music: U.S. Court Mulls COGNAC And Hip-Hop Raise A Snifter And Listen To The Music: U.S. Court Mulls COGNAC And Hip-Hop

Trademark and Copyright Litigation
– August 20, 2024August 20, 20242024-08-20
On August 6, 2024, in Bureau National Interprofessionnel Du Cognac v Cologne & Cognac Entertainment, Case No. 23-1100, the United States Court of Appeals for the Federal Circuit (the Court) vacated a decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (the Board). The Board had previously determined that there was no likelihood of confusion between the certification mark COGNAC and a trademark application for a design including the words COLOGNE & COGNAC ENTERTAINMENT Design (the Mark) for hip-hop music and production services.
Deeth Williams Wall https://www.dww.com/articles/raise-a-snifter-and-listen-to-music-us-court-mulls-cognac-and-hiphop

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